WPSS/855/2023
2025 Latest Caselaw 4377 UK

Uttarakhand High Court

WPSS/855/2023 on 17 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                       2025:UHC:8315
             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                      COURT'S OR JUDGE'S ORDERS
No.
             Registrar's order with
                   Signatures
                                      WPSS/852/2023
                                      With
                                      WPSS/855/2023
                                      Hon'ble Manoj Kumar Tiwari, J.

There is no representation for the petitioner.

Mr. Narain Dutt, Standing Counsel for the State.

1. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of WPSS No. 852 of 2023 alone are being considered and discussed.

2. Petitioner is serving as Ayurvedic pharmacist. He is aggrieved by his transfer from Barkot (Uttarkashi) to Laxminagar (Udham Singh Nagar).

3. The sole reason for transferring petitioner, as indicated in para 12 of the counter affidavit is that petitioner has served in durgam (inaccessible area) for more than 17 years, therefore, he is entitled for transfer to a sugam (accessible area).

4. There is no allegation of complaint or adverse material against the petitioner. The provision for transfer of a government servant from durgam to sugam area, after 10 years, is to ensure that every government servant gets 2025:UHC:8315 opportunity to serve at accessible (convenient place) after he has served at inaccessible (inconvenient place).

5. Petitioner contends that he is happy at Barkot (Uttarkashi) and he is not interested in going to some other place, which is treated as convenient by other persons.

6. This Court finds some substance in the contention raised by petitioner. If petitioner is efficiently performing his duties at Barkot (Uttarkashi), which is categorised as durgam place and there is no complaint against his work and conduct, then merely because he has become due for transfer to a convenient place, cannot be used against him for transfer to a plain area.

7. In view of the aforesaid facts and reasons, the writ petition is disposed of with direction to Director, Ayurvedic and Unani Services to re- consider the matter and pass fresh order of transfer in respect of petitioner.

8. Till the matter is re-considered and fresh order of transfer is passed, status quo, qua posting of the petitioner shall be maintained.

9. Pending application(s), if any, stand disposed of.

(Manoj Kumar Tiwari, J.) 17.09.2025 Mahinder/

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

MAHINDER SINGH UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18 b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC 9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.18 19:33:03 +05'30' 2025:UHC:8315